Solar panel developer files lawsuit against Pender County
After having a request to build a large solar farm in western Pender County turned down by commissioners, a California-based developer is taking legal action to move forward with a project with a price tag of $300 million.
During a September meeting, a unanimous decision was made by officials because of environmental concerns behind Coastal Pine Solar, LLC wanting a special use permit to build a 2,360-acre solar farm on a parcel taking up more than 6,500 acres of land.
Tom Terrell, an attorney and partner with the Fox Rothschild law firm, is representing Coastal Pine Solar, LLC to appeal the decision. Under North Carolina law, Terrell said special use permits are granted based upon the evidence presented at a hearing.
"A board member's feelings and opinions, however strongly felt, are irrelevant," Terrell told the StarNews. "This has been our law for decades. The evidence is submitted under the same conditions and weighed as if the matter were before a court, that is, under oath and subject to cross-examination."
The vote was made in September, a couple of months before the board made a decision to change zoning regulations related to solar farms and where they can be developed. The decision on Dec. 5 was made several days after the lawsuit was filed in late November.
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During a Sept. 19 public hearing, commissioners brought up concerns such as runoff and flooding issues from cutting down timber for the 200-megawatt solar farm, which could produce enough energy to provide power for 50,000 homes with panels collecting heat from the sun. There was also a concern brought up about how the farm could be removed if it's no longer operating. Solar officials said it could last up to 25 years.
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County officials said the project did not fit with the area's agricultural area, which could take up land the equivalent of 1,787 football fields after the property was purchased by the Evergreen Timber Company. The property is west of Penderlea Highway and Horse Branch Road, south of Shiloh Road, east of U.S. 421 and N.C. 11, and north of Piney Woods Road. Selected areas are in the Burgaw, Columbia and Union townships.
Terrell added the state's supreme court ruled board members cannot become their own witnesses, nor can they − like a judge in a court hearing − speak to citizens outside of the hearing.
"The Pender County Board violated all these rules, and not from ignorance," he stated. "The board member who bragged that he received information from farmers prior to the hearing also described, in the same comment, that the board's attorney had lectured them about the rules."
Terrell said the county must prepare and file the record regarding the petition. Due to legal matters, Jackie Newton, chair of the Pender Board of Commissioners, was unable to provide a comment. As of Monday, Dec. 26, Pender attorney Trey Thurman could not be reached.
Reporter Chase Jordan can be reached at cjjordan@gannett.com
This article originally appeared on Wilmington StarNews: Solar Panel developer files lawsuit against Pender County
